The Sentence
Convicted Judge Mark A. Ciavarella was sentenced to 28 years in prison. He is 61 years old so if he serves the full 28 years he will likely die in prison. He also must pay $965,000 in restitution. Many have argued that he deserves a life sentence. He made a mockery of justice in his courtroom, and he has been described as the worst judge in American History. Today justice caught up with former Judge Ciavarella.
Prosecutors say Ciavarella and another county judge, Michael T. Conahan, were paid an astonishing $2.8 million from the the builder of two for profit detention centers. In order to generate this revenue, Ciavarella imprisoned just about every juvenile defendant in his court room. He imprisoned juveniles for minor offenses even when it directly contradicted Pennsylvania’s sentencing guidelines. He abandoned justice for the pursuit of money. Incredibly, he exploited our most precious resource, our young people for the sake of money. Of course, many of the young people and their parents say they will never be the same after serving their prison sentences.
The End of an Era
The conviction of Judge Mark A. Ciavarella to 28 years in prison, marks the end of one of the darkest periods in American judicial history. It is hard to imagine a judge as vile as Ciavarella. As the Juvenile Court Judge in Luzerne County, just about every case was about making money, receiving kick backs from the developer of two for profit detention centers. Justice and the well being of the young defendants was abandoned and thrown out the window. Ciavarella actually told his secretary to schedule every single case in his court for swift resolution. His strategy was to prevent the defendants from speaking in court and defending themselves. If a defendant had a lawyer he would not even let the lawyer talk in court.
A New Beginning
There is another side of the story which has been ignored everywhere else, but has been reported on at this web site. The legal community has a monumental challenge in rebuilding the reputation of the Luzerne County Judicial System. Many people going to court today simply do not believe they will obtain justice, and the average citizen agrees with them. As we previously reported, the legal community is strong and ambitious in this area, and the Luzerne County Court System is basically starting all over again. During the judicial election of 2009, about a dozen outstanding lawyers ran for two positions on the bench. In the primary of May 2011, many outstanding lawyers came forward and ran for judge. In November 2011, the voters will elect six new judges. By January 2012, there will be eight new judges on the bench. We will continue to report on this judicial system, and analyze if the new judges and the lawyers who practice before them can achieve justice and restore the confidence of the litigants and the community.
The Pennsylvania Supreme Court
Pennsylvania’s highest court vacated thousands of Ciavarella’s juvenile court rulings. The Pennsylvania State Supreme Court stated that he detained juvenile defenders regardless of the crime and even imprisoned juveniles for minor offenses, failed to fully inform them of their legal and constitutional right to have a lawyer, and instituted policies that inflated the number of juveniles sent to the for-profit centers.
Ciavarella Apologies
The disgraced judge was given an opportunity to address the court. He apologized to the families involved, his fellow judges, the community, and the victims themselves. He said he blamed himself for what happened. He asked for forgiveness from the juveniles stating that he was a hypocrite for not practicing what he preached. He also asked the public to forgive him for violating the trust they had given him.
Defiant to the End
After his apologies, Ciavarella remained defiant. He said he never accepted money in exchange for sending juveniles to detention centers. He asked the government to release his entire investigation file as he apparently does not believe there is any credible evidence.
After admitting that he was guilty of tax evasion and fraud for taking about $1 million dollars from the developer of the detention centers, Ciavarella vehemently denied that he traded kids for cash. Kids for cash is a phrase which journalist developed to characterize Ciavarella crimes. The disgraced judge is infuriated by the phrase. He said the words kids for cash make him sound evil. Ciavarella denied taking money from Robert J. Powell a former co-owner of the juvenile detention center. He claimed the jury acquitted him of taking money from Powell to sentence juveniles to the detention centers. He lashed out at federal prosecutors for using the kids for cash phrase even though they failed to prove it in court.
Source: Dave Janoski, Leniency sought, The Citizens’ Voice, August 10, 2011.
http://citizensvoice.com/ciavarella-sentenced-to-28-years-in-prison-1.1187339#axzz1Uk2SvHiE
http://www.timesleader.com/news/Ciavarella-sentencing-long-line-long-wait.html
http://www.associatedcontent.com/article/5422584/the_four_best_law_firms_in_luzerne.html?cat=3
Joe Holden, Ciavarella’s final days of freedom, The Citizens’ Voice, August 12, 2011.